COM 0387.001 1996-1998 - Laserfiche WebLink

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i , i ~ 46-4 COUNTIIiS ~ ' Attorney Ccnerel Opinions Immunity of state land from county planning and zoning laws extends to private nonprofit losee undertaking park project in public interest. Att. Gen. Op. g6.3. ~ i ~[§4~6~11j5~] r+Maintenancc aoflychanncls;~,stream(tads,~st~rcambu~nks;i~and;v~ ttirainagewuy's.~"`Notwithstlndmg any"la~w~toaahe.contriry,~eacti;county'WshalC Np ' provide for'the maintenance of channels, streambeds, streambanks, and drainagcways, whether natural or artificial, including (heir exits to the ocean, in r;`'.;,' suitable condition to carry olI' storm waters; and for the rcmaval from the channels, streambeds, streambanks, and drainagcways and from the shores and " beaches any debris which is likely to create an unsanitary condition•or otherwise become a public nuisance; provided that to the extent any of the foregoing work is a private responsibility the responsibility may be enforced by the county in lieu of the work being done at county expense, and any private entity or person I ' reftising to comply with any final order issued by the county shall be in violation of this chapter and be liable for a civil penalty not to exceed $S00 for cacti day the violation continues; provided further that it shall be the responsibility of the ~ ~ - county to maintain all channels, streambeds, streambanks, and drainagcways unless such channels, streambeds, streambanks, and drainagcways are privately owned or owned by the State, in which event such channels, streambeds, streambanks, and drainagcways shall be mnintainctl by Ihcir respective owners. [L 1986, c 121, §2] (§46-IG.S] Public passenger vehicle regulation. (a) The legislature Gnds and declares the following: (1) The orderly regulation oC vehicular traffic on the streets and highways of Iiawaii is essential to the welfare oC the State and its people. ' (2) Privately-operated public passenger vehicle service provides vital .transportation links within the State. Public passenger vehicle service operated in the counties and the city and county enables the Stale to provide the benefits of privately-operated, demand-responsive trans- portation services to its people and to persons who travel to the State for business or tourist purposes. (3) The economic viability and stability of privately-opemtcd public ~6~.;` passenger vehicle scrvicc is conscyucntly a matter of statewide importance. (4) The policy of the State is to promote safernd reliable privately- ' ~ operated public passcngcr vehicle service in order to provide the benefits of that service. In furtherance of this policy, the legislature - recognizes and a(rrms that the regulation of privately-operated public passcngcr vehicle service is xn essential gbvcrnmen[al function. (S) The policy of the State is [o require that counties regulate privately- operated public passenger vehicle service and no[ subject a county or a city and county or its olLcers to liability under the federal antitrust laws. (b) Any other law to the contrary nohvithstanding, where not withiu the jurisdiction of the public utilities commission, e~pry county or city and county may provide rules to protect the public health, safely, and welfare by licensing, controlling, and regulating by ordin:mce or resolution, public passcngcr vehicle scrvicc operated within the jurisdiction of the county oc city and county. ' (c) livery county or city and county is empowered to regulate: 56 .4~5